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(영문) 서울서부지방법원 2017.10.17 2017가단205014
손해배상(자)
Text

1. The Defendants jointly share KRW 9,859,033 with respect to the Plaintiff, and 5% per annum from April 22, 2016 to October 17, 2017.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Defendant B driving a bicycle around 00:00 on April 22, 2016, and driving a bicycle on the 00:0,000, and driving the two-way road for the 60 Maam-ro 11, 11,000-ro, Mapo-gu, Seoul, for the purpose of search and stationing on the back of the World Cup stadium, caused the Plaintiff crossing the said road by negligence that failed to perform the duty of Jeonju-ju-si’s view, and thereby, the Plaintiff suffered injury, such as brain-proof, spawn, etc. (hereinafter “instant accident”).

2) Defendant Matts Fire Insurance Co., Ltd. (hereinafter “Defendant Co., Ltd”) is an insurer who entered into an insurance contract with Defendant B, which includes a special agreement on liability for daily life compensation.

[Ground of recognition] Facts without dispute, Gap 1 through 3, 9 through 12, Eul 1 through 3 (including paper numbers, hereinafter the same shall apply) and the purport of the whole pleadings

B. According to the recognition of liability and the above recognition of limitation, Defendant B is a tort, and the Defendant Company is jointly and severally liable as an insurer to compensate for the damages incurred by the Plaintiff due to the instant accident.

However, the Defendants’ liability is limited to 90% by taking into account the following circumstances: (a) night at the time of the instant accident; (b) the point at which the accident occurred is a combined road for bicycles, not for pedestrians; and (c) the Plaintiff, as the Plaintiff, was negligent in crossing the said road and not properly seeing the Defendant’s bicycle.

2. The fact that there is no dispute over the scope of liability for damages [based on recognition], Gap evidence 7, significant fact to this court, experience and the purport of whole pleadings;

A. The treatment costs: 1,634,033 won incurred by the Plaintiff due to the instant accident are KRW 1,839,080.

Accordingly, according to the evidence No. 7 of the claim that the amount of KRW 211,390 paid by the National Health Insurance Corporation should be deducted from the amount of dental treatment costs of KRW 1,629,300 among them, the total amount of medical treatment costs paid by the National Health Insurance Corporation for the plaintiff is 393.

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